Cal. Code Regs. Tit. 22, § 66262.81 - Definitions
The following definitions apply to 40 Code of Federal Regulations Part 262, Subpart H and this article.
(a) "Competent authority " means the
regulatory authority or authorities of concerned countries having jurisdiction
over transboundary movements of wastes.
(b) "Countries concerned " means the countries
of export and import and any countries of transit.
(c) "Consignee " means the person to whom
possession or other form of legal control of the waste is assigned at the time
the waste is received in the importing country.
(d) "Country of export " means any country
from which a transboundary movement of hazardous wastes is planned to be
initiated or is initiated.
(e)
"Country of import " means any country to which a transboundary movement of
hazardous wastes is planned or takes place for the purpose of submitting the
wastes to recovery or disposal operations therein.
(f) "Country of transit " means any country
other than the country of export or country of import across which a
transboundary movement of hazardous wastes is planned or takes place.
(g) "Disposal operations " means activities
which do not lead to the possibility of resource recovery, recycling,
reclamation, direct re-use or alternate uses, which include:
(1) D1 Release or Deposit into or onto land,
other than by any of operations D2 through D5 or D12.
(2) D2 Land treatment , such as biodegradation
of liquids or sludges in soils.
(3)
D3 Deep injection, such as injection into wells, salt domes or naturally
occurring repositories.
(4) D4
Surface impoundment , such as placing of liquids or sludges into pits, ponds or
lagoons.
(5) D5 Specially
engineered landfill , such as placement into lined discrete cells which are
capped and isolated from one another and the environment.
(6) D6 Release into a water body other than a
sea or ocean, and other than by operation D4.
(7) D7 Release into a sea or ocean, including
sea-bed insertion, other than by operation D4.
(8) D8 Biological treatment not specified
elsewhere in operations D1 through D12, which results in final compounds or
mixtures which are discarded by means of any of operations D1 through
D12.
(9) D9 Physical or chemical
treatment not specified elsewhere in operations D1 through D12, such as
evaporation, drying, calcination, neutralization, or precipitation, which
results in final compounds or mixtures which are discarded by means of any of
operations D1 through D12.
(10) D10
Incineration on land.
(11) D11
Incineration at sea.
(12) D12
Permanent storage .
(13) D13 Interim
blending or mixing, before an operation that bears any of the disposal
operations D1 to D12.
(14) D14
Interim repackaging, before an operation that bears any of the disposal
operations D1 to D12.
(15) D15
Interim storage , before an operation that bears any of the disposal operations
D1 to D12.
(16) DC1 Release,
including the venting of compressed or liquified gases, or treatment , other
than by any of disposal operation codes D1 to D12 (for transboundary movements
with Canada only).
(17) DC2 Testing
of a new technology to dispose of a hazardous waste (for transboundary
movements with Canada only).
(h) "EPA Acknowledgment of Consent " or "AOC "
means the letter U.S. EPA sends to the exporter documenting the specific terms
of the country of import 's consent and the country(ies) of transit's
consent(s). The AOC meets the definition of an export license in U.S. Census
Bureau regulations 15 Code of Federal Regulations section 30.1.
(i) "Export " means the transportation of
hazardous waste from a location under the jurisdiction of the United States to
a location under the jurisdiction of another country, or a location not under
the jurisdiction of any country, for the purposes of recovery or disposal
operations therein.
(j) "Exporter"
also known as "primary exporter " on the RCRA hazardous waste manifest , means
the person domiciled in the United States who is required to originate the
movement document in accordance with 40 Code of Federal Regulations section
262.83(d) or the manifest for a shipment of hazardous waste in accordance with
40 Code of Federal Regulations part 262, subpart B, or article 2 of this
chapter, which specifies a foreign receiving facility as the facility to which
the hazardous wastes shall be sent, or any recognized trader who proposes
export of the hazardous wastes for recovery or disposal operations in the
country of import .
(k) "Foreign
exporter " means the person under the jurisdiction of the country of export who
has, or shall have at the time the planned transboundary movement commences,
possession or other forms of legal control of the hazardous wastes and who
proposes shipment of the hazardous wastes to the United States for recovery or
disposal operations .
(l) "Foreign
importer " means the person to whom possession or other form of legal control of
the hazardous waste is assigned at the time the exported hazardous waste is
received in the country of import .
(m) "Foreign receiving facility " means a
facility which, under the importing country's applicable domestic law, is
operating or is authorized to operate in the country of import to receive the
hazardous wastes and to perform recovery or disposal operations on
them.
(n) "Import " means the
transportation of hazardous waste from a location under the jurisdiction of
another country to a location under the jurisdiction of the United States for
the purposes of recovery or disposal operations therein.
(o) "Importer " means the person to whom
possession or other form of legal control of the hazardous waste is assigned at
the time the imported hazardous waste is received in the United
States .
(p) "Notifier " means the
person under the jurisdiction of the exporting country who has, or will have at
the time the planned transboundary movement commences, possession or legal
control of the wastes and who proposes their transboundary movement for the
ultimate purpose of submitting them to recovery operations . When the United
States (U.S.) is the exporting country, notifier is interpreted to mean a
person domiciled in the U.S.
(q)
"OECD area " means all land or marine areas under the national jurisdiction of
any OECD Member country . When the regulations refer to shipments to or from an
OECD Member country , this means OECD area .
(r) "OECD " means the Organization for
Economic Cooperation and Development.
(s) "OECD Member country " means the countries
that are members of the OECD and participate in the Amended 2001 OECD Decision.
(U.S. EPA provides a list of OECD Member countries at
https://www.epa.gov/hwgenerators/international-agreements-transboundary-shipments-waste).
(t) "Receiving facility " means a U.S.
facility which, under RCRA and other applicable domestic laws, is operating or
is authorized to operate to receive hazardous wastes and to perform recovery or
disposal operations on them.
(u)
"Recovery operations " means activities leading to resource recovery, recycling,
reclamation, direct re-use or alternative which include:
(1) R1 Use as a fuel (other than in direct
incineration) or other means to generate energy.
(2) R2 Solvent
reclamation/regeneration.
(3) R3
Recycling/reclamation of organic substances which are not used as
solvents.
(4) R4
Recycling/reclamation of metals and metal compounds.
(5) R5 Recycling/reclamation of other
inorganic materials.
(6) R6
Regeneration of acids or bases.
(7)
R7 Recovery of components used for pollution control.
(8) R8 Recovery of components from
catalysts.
(9) R9 Used oil
re-refining or other reuses of previously used oil.
(10) R10 Land treatment resulting in benefit
to agriculture or ecological improvement.
(11) R11 Use of residual materials obtained
from any of the recovery operation codes numbered R1 through R10 or
RC1.
(12) R12 Interim exchange of
wastes before recycling using any of the recovery operation codes numbered R1
through R11 or RC1.
(13) R13
Interim accumulation of wastes before recycling using any of the recovery
operation codes numbered R1 through R11 or RC1.
(14) RC1 Recovery or regeneration of a
substance or use or re-use of a recyclable material , other than by any of
operations R1 to R10 (for transboundary shipments with Canada only).
(15) RC2 Testing of a new technology to
recycle a hazardous recyclable material (for transboundary shipments with
Canada only).
(16) RC3 Interim
storage prior to any of operations R1 to R11 or RC1 (for transboundary
shipments with Canada only).
(v) "Transboundary movement " means any
movement of hazardous wastes from an area under the national jurisdiction of
one country to an area under the national jurisdiction of another
country.
Notes
2. Amendment filed 8-20-2018 as a change without regulatory effect pursuant to Health and Safety Code section 25159.1; operative 8-20-2018 (Register 2018, No. 34).
3. Change without regulatory effect amending subsections (g)(13)-(17) and (u)(1)-(16) filed 8-29-2023 pursuant to section 100, title 1, California Code of Regulations (Register 2023, No. 35).
Note: Authority cited: Sections 25150, 25159, 25159.5, 58004 and 58012, Health and Safety Code. Reference: Sections 25150, 25159, 25159.5 and 58012, Health and Safety Code; and 40 CFR Section 262.81.
2. Amendment filed 8-20-2018 as a change without regulatory effect pursuant to Health and Safety Code section 25159.1; operative 8/20/2018 (Register 2018, No. 34).
3. Change without regulatory effect amending subsections (g)(13)-(17) and (u)(1)-(16) filed 8-29-2023 pursuant to section 100, title 1, California Code of Regulations (Register 2023, No. 35).
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